Madhya Pradesh Court May 2002 Judgments
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Hardeo Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-20-2002
Reported in: 2002(4)MPHT42; 2002(4)MPLJ603
Uma Nath Singh, J. 1. This is an appeal from the judgment and findings recorded by the learned Second Additional Sessions Judge, Chhatarpur in Sessions Trial No. 225/87, whereby accused Hardeo was convicted of offence under Section 302 and sentenced to life imprisonment and a fine of Rs. 2,000.00, and he was acquitted of alternative charge under Section 302 read with Section 149, IPC and also the charge under Section 148, IPC. However, other accused namely Tulsi, Imrat and Sarju were acquitted of all the charges and accused Dhandu and Janki died during the trial. 2. Succinctly narrated the facts of the case are that Lallabai (D.W. 3), a cousin of appellant Hardeo was though a legally wedded wife of accused Imrat, was living as a mistress of deceased Bhagwan Das, s/o Dashrath (P.W. 1). It is said that Lallabai had made some statement before a Court at Chhatarpur that on her own volition she wanted to live with the deceased. But for fear of accused Imrat, the deceased had left his native...
Kalla Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-17-2002
Reported in: 2002(3)MPHT247
P.C. Agarwal, J. 1. In all 5 persons were put to trial in S.T. No. 104/84 (State v. Baldeva and 4 others) before Sessions Judge, Guna. On 18-6-1986, three were acquitted. The appellant and his father Baldeva s/o Dhannuji were convicted under Sections 302/149 and 148 of the Indian Penal Code (for short 'Code' only) and sentenced to undergo life imprisonment and one year's R.I. with a direction of concurrent execution of the both. However, Baldeva, the father of present appellant died during the pendency of the appeal, which abated as per order of the Court dated 26-9-2001.2. As per prosecution, Arjun (P.W. 5) and his elder brother Bhagsingh are bhumiswamis of Khasra No. 423/2, area 0.512 hectare, in which two mango trees were situate. Late Baldeva, father of the present appellant, had taken these mango trees on batai. On 27-5-1984, in the morning time, deceased Khushilal was seen lying in badly injured condition below one of the mango trees. Gyarsilal (D.W. 2) informed the police that d...
Hari Ram and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-17-2002
Reported in: 2002(3)MPHT316; 2003(3)MPLJ344
P.C. Agarwal, J.1. In all six accused persons were put to trial under Sections 302, 149, 147 and 148 of the Indian Penal Code (for short 'Code') before Second Additional Sessions Judge, Shivpuri in ST. No. 53/1986 (State of M.P. v. Shripati and 5 Ors.). Out of these, Hariram (A-1) and Bhujwal (A-2) were convicted on 22-12-1987, under Section 302 of the Code and sentenced to undergo life imprisonment while 4 others (i) Shripati s/o Meharban Singh, (ii) Malam Singh s/o Meharban Singh, (iii) Mushab Singh s/o Ghuman Singh and (iv) Kamal Singh s/o Mangal Singh were acquitted by the Trial Court giving them benefit of doubt. The convicted appellants have filed this appeal.2. As per prosecution on 18-12-1985 deceased Bhogiram had gone to Village Bel Babri Ration Fair Price Shop to take sugar with Son Singh (P.W. 4) and Santokh Singh (P.W. 5). Bhaiya Sahab (P.W. 3) had also accompanied him with Son Singh (P.W. 4) and Santokh Singh (P.W. 5) on return. Hariram (A-1) with area, Bhujwal Singh (A-2)...
Smt. Asha Qureshi Vs. Afaq Qureshi
Court: Madhya Pradesh
Decided on: May-17-2002
Reported in: AIR2002MP263; 2002(4)MPHT108; 2002(3)MPLJ394
V.K. Agarwal, J.1. This appeal under Section 29 of the Special Marriage Act, 1954 (hereinafter referred to as 'Act' for short), is directed against the judgment and decree dated 14-10-1996, in Civil Suit No. 59-A/90, by Fourth Additional District Judge, Jabalpur, declaring the marriage between the parties as null and void, by a decree of nullity.2. Facts not in dispute are that the parties were married on 23-1-90 at Jabalpur, in accordance with the 'Act'. They lived as husband and wife for a period of about one year. Subsequently, the relations between the parties became strained and they started living separately. The respondent filed a petition under Sections 24 and 25 of the 'Act', seeking a decree of nullity and of declaration of their marriage as null and void. It was averred by the respondent/husband that after the marriage between the parties on 23-1-90,the respondent/husband came to know that the appellant/wife was already married to one Motilal Vishwakarma. Motilal Vishwakarma...
Bharat Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-17-2002
Reported in: 2002(4)MPHT441; 2002(3)MPLJ552
P.C. Agarwal, J.1. Fifth Additional Sessions Judge, Gwalior in S.T. No. 15/84, State of M.P. v. Ramu and 5 Ors., on 18-3-1986 found the appellant guilty under Section 302 of the Indian Penal Code ('Code' for short) and sentenced him to undergo imprisonment for life. Aggrieved thereby this appeal was filed. 2. As per prosecution, deceased Ramcharan son of Nandu Kushtha was an employee of Padamchand in his ration shop. Four or five days before the date of incident, i.e., 4-6-1983, the appellant with two or three other companions had called deceased Ramcharan out of ration shop and had accused him for naming him for robbery of Rs. 15,000/- at Payal Bidi. On thedate of incident, at about 10.00 P.M. deceased Ramcharan, Heeralal (P.W. 3) and Padamchand were inside the ration shop. The appellant suddenly appeared with an open knife and caught collar of deceased Ramcharan and tried to pull him out of the shop. Naturally deceased Ramcharan resisted. Appellant stabbed deceased Ramcharan. Other c...
United India Insurance Co. Ltd. Vs. Mohammad Yunus and ors.
Court: Madhya Pradesh
Decided on: May-17-2002
Reported in: 2003ACJ1542
V.K. Agrawal, J.1. This appeal is directed against the award dated 27.8.90, in Motor Claim Case No. 174 of 1989 by Second Additional Motor Accidents Claims Tribunal, Seoni, awarding compensation of Rs. 79,100, under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act' for short).2. Relevant facts stated in brief are that the claimant-respondent No. 1 was travelling by bus No. MPK 6370 on the date of accident, i.e., on 18.7.1987. At the time of accident, the said bus was being driven by the respondent No. 2 Hamidulla and was owned by respondent No. 3. The appellant admittedly is the insurer of the said vehicle. The said bus while going from Seoni to Dharan met with an accident near village Gokulpur. The claimant-respondent No. 1 suffered injuries and permanent disability.3. The claimant-respondent No. 1 in his petition under Section 110-A of the Act averred that the accident occurred on account of rash and negligent driving of the bus by driver, respondent...
United India Insurance Company Ltd. Vs. Mohammad Yunus and ors.
Court: Madhya Pradesh
Decided on: May-17-2002
Reported in: 2002(5)MPHT508; 2002(4)MPLJ28
ORDERV.K. Agarwal, J.1. This appeal is directed against the award dated 27-8-1990, in Motor Claim Case No. 174/89 by Second Additional Motor Accident Claims Tribunal, Seoni, awarding compensation of Rs. 79,100/-, under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'Act' for short).2. Relevant facts stated in brief are that claimant/respondent No. 1 was travelling by Bus No. MPK-6370 on the date of accident, i.e., on 18-7-87. At the time of accident, the said bus was being driven by respondent No. 2 Hamidulla and was owned by respondent No. 3. The appellant admittedly is the insurer of the said vehicle. The said bus while going from Seoni to Dharan met with an accident near Village Gokulpur. The claimant/respondent No. 1 suffered injuries and permanent disability.3. The claimant/respondent No. 1 in his petition under Section 110-A of the 'Act' averred that the accident occurred on account of rash and negligent driving of the bus by driver respondent No. 2 Ham...
Anand Asrani Vs. Roshni Alias Tulsidevi Asrani
Court: Madhya Pradesh
Decided on: May-16-2002
Reported in: 2002(3)MPHT481
ORDERNarain Singh 'Azad', J.1. The petitioner seeks relief of recalling of order dated 18-1-2002 passed by this Court in M.Cr.C. No. 596/2001 in exercise of inherent powers.2. This petitioner challenged the order dated 1-12-2000 passed by Sessions Judge, Satna, in Criminal Revision No. 70/2000, in his M.Cr.C. No. 596 of 2001 filed under Section 482, Cr.PC (hereinafter referred to as the 'Code') on these facts that he was married to respondent in 1986, who, on account of dispute between the two started living separately with her parents at Satna. The respondent filed application against this petitioner claiming maintenance under Section 125 of the Code, which was registered as MJC No. 3/89. The learned CJM granted maintenance at the rate of Rs. 300/- per month to respondent and at the same rate to her son by order dated 31 -8-1994. Thereafter, respondent filed application under Section 127 of the Code seeking enhancement in maintenance. The petitioner denied all the material allegations...
Smt. Panna Mehta Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-16-2002
Reported in: 2002(4)MPHT226; 2003(1)MPLJ370
ORDERS.L. Kochar, J. 1. The applicant has filed this petition for expunging remarks viz., 'benefit of doubt' from the judgment dated 12th March, 2001 (Annexure A-3) delivered by learned Judicial Magistrate, First Class, Indore in Criminal Case No. 154/96.2. To appreciate controversy and contentions of the parties a reference to the relevant facts leading for filing of this petition would be apt:The respondent submitted a charge-sheet accusing the applicant for the offence punishable under Sections 467, 420/511 of the Indian Penal Code before the Court below. It was alleged that the applicant was holding post of Cashier-cum-Clerk in the State Bank of India, in City Branch at Indore and on 27-1-85, she went to the Manager of the main branch of the Bank at Indore and presented a letter before the Manager purported to be signed by Dr. Vijay Jain. In the said letter, a request was made to transfer an amount of Rs. 30,17,000/- to his other A/c No. 28938 with the main branch of the Bank at Mu...
Jawahar Lal Gupta Vs. the Rajya Nirvachan Ayog and anr.
Court: Madhya Pradesh
Decided on: May-16-2002
Reported in: AIR2003MP161; 2003(1)MPLJ180
Arun Mishra, J. 1. Petitioner in the instant writ petition seeks quashment of the order Annexure P/1 disqualifying him for period of five years under Section 32C of M.P. Municipalities Act, 1961 (for short 'the Act of 1961'). 2. Notification was issued on 23rd October, 2001 (Annexure P/1) published in M.P. Gazette dated 9th November, 2001 notifying that M.P. State Election Commission was satisfied that each of the contesting candidates specified in the table at the general election of the President of Nagar Panchayat held in December, 1999 has failed to lodge an account of his Election Expenses as required by the Act of 1961 and the Election Expenses (Maintenance and Lodging of Account) Order, 1997 (for short 'the Order of 1997'). It was also mentioned that said candidates have not furnished any reason or explanation for the said failure even after due notice and the State Election Commission was, thus, satisfied that they have no good reason or justification for the said failure. The ...
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